AB 2708, as introduced, Daly. Department of Transportation: construction inspection services.
Existing law, until January 1, 2024, requires the Department of Transportation to perform construction inspection services for certain design-build projects on or interfacing with the state highway system and to retain the authority to stop the contractor’s operation wholly or in part and take appropriate action when public safety and convenience are jeopardized on those projects.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 91.2 of the Streets and Highways Code
2 is amended to read:
(a) The department shall perform construction inspection
4services for projects on or interfacing with the state highway system
5authorized pursuant to Chapter 6.5 (commencing with Section
66820) of Part 1 of Division 2 of the Public Contract Code. The
7department shall use department employees or consultants under
P2 1contract with the department to perform the services described in
2this subdivision and subdivision (b), consistent with Article XXII
3of the California Constitution. Construction inspection services
4performed by the department for those projects include, but are
5not limited to, material source testing, certification testing,
6surveying, monitoring of environmental compliance, independent
7quality control testing and inspection, and quality assurance audits.
8The construction inspection duties and responsibilities of the
9
department shall include a direct reporting relationship between
10the inspectors and senior department engineers responsible for all
11inspectors and construction inspection services. The senior
12department engineer responsible for construction inspection
13services shall be responsible for the acceptance or rejection of the
14work.
15(b) Notwithstanding any other law, the department shall retain
16the authority to stop the contractor’s operation wholly or in part
17and take appropriate action when public safety is jeopardized on
18a project on or interfacing with the state highway system authorized
19pursuant to Chapter 6.5 (commencing with Section 6820) of Part
201 of Division 2 of the Public Contract Code. The department shall
21ensure that public safety and conveniencebegin delete isend deletebegin insert areend insert
maintained
22whenever work is performed under an encroachment permit within
23the state highway right-of-way, including, but not limited to, work
24performed that includes lane closures, signing, work performed at
25night, detours, dust control, temporary pavement quality, crash
26cushions, temporary railings, pavement transitions, falsework,
27shoring, and delineation. The department shall regularly inspect
28the job sites for safety compliance and any possible deficiencies.
29Ifbegin delete anyend deletebegin insert aend insert deficiency is observed, a written notice shall be sent by
30the department to the regional transportation agency’s designated
31resident engineer to correct the deficiency. Once the deficiency is
32corrected, a written notice describing the resolution of the
33deficiency shall be sent to the department and documented.
34(c) The department shall use department employees or
35consultants under contract with the department to perform the
36services described in subdivisions (a) and (b), consistent with
37Article XXII of the California Constitution. Department employee
38and consultant resources necessary for the performance of those
39services, including personnel requirements, shall be included in
P3 1the department’s capital outlay support program for workload
2purposes in the annual Budget Act.
3(d) “Construction inspection services” shall not include
4surveying work performed as part of a design-build contract.
5(e) This section shall remain in effect only until January 1, 2024,
6and as of that date is repealed, unless a later enacted statute, that
7is enacted before January 1, 2024, deletes or extends that date.
8(f) If any provision or application of this section is held invalid
9by a court of competent jurisdiction, the department shall post on
10its Internet Web site within 10 business days of the decision of
11invalidity that this section has been held invalid.
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